Colorado Cracks Down: Why All Gun Thefts Are Now Felonies
In a sweeping change to state law, Colorado HB25-1062 has significantly tightened penalties around firearm theft. As of 2025, any theft of a firearm in Colorado is now automatically classified as a felony, regardless of the gun’s value. This represents a major shift in how gun-related offenses are prosecuted and has serious implications for anyone accused of firearm theft.
What Does Colorado HB25-1062 Change?
Previously, gun theft in Colorado was charged based on the value of the firearm. If a stolen gun was valued at under $2,000, it could result in a misdemeanor charge under general theft statutes. But the passage of Colorado HB25-1062 eliminates that valuation distinction altogether.
Now, all gun thefts are charged as felonies, regardless of whether the stolen item is a $200 pistol or a $2,000 rifle. Key provisions of HB25-1062 include:
- Any theft of a firearm is now at least a Class 6 felony.
- If multiple firearms are stolen, the charges may escalate to higher felony classes.
- There is no longer any misdemeanor option for gun theft under Colorado law.
- The law applies to both actual theft and possession of stolen firearms in many cases.
Why This Matters: Felony Charges Carry Serious Consequences
Felony convictions in Colorado carry long-term consequences that go far beyond fines or jail time. A felony on your record can:
- Strip you of your right to own or possess a firearm
- Limit employment opportunities
- Negatively impact your immigration status
- Affect housing and education prospects
- Lead to harsher sentences for future offenses
Even a Class 6 felony, which is the lowest tier, can result in up to 18 months in prison and thousands of dollars in fines.
With firearm theft now falling squarely under felony jurisdiction, anyone charged must treat the situation with utmost seriousness. At Whitaker & Penix, LLC, we help clients understand what they’re up against and how to build a strong defense strategy to protect their rights and their future.
Who Is Affected by the New Firearm Theft Laws?
Colorado HB25-1062 gun theft penalties apply to a wide range of scenarios, including:
- Breaking into a car or home and stealing a firearm
- Finding and keeping a lost or unattended firearm
- Purchasing a firearm knowing it’s been stolen
- Being in possession of a firearm that was previously reported stolen
Importantly, intent plays a critical role. Prosecutors must show that the accused knowingly stole or possessed a firearm without the owner’s consent. But proving or disproving that knowledge often comes down to how well your defense attorney handles the facts.
Defense Strategies in Felony Gun Theft Cases
If you’re facing felony gun charges under HB25-1062, there are several possible legal strategies that may apply to your case.
Lack of Knowledge or Intent
One of the most effective defenses is proving that you did not knowingly steal or possess a stolen firearm. For example, if someone gave you a firearm and you had no reason to believe it was stolen, that could weaken the prosecution’s case.
Illegal Search or Seizure
If the firearm was discovered through an unlawful search or traffic stop, your attorney may be able to file a motion to suppress the evidence. Without the gun as evidence, the entire case may fall apart.
Mistaken Identity or Lack of Evidence
In many cases, especially involving surveillance footage or anonymous tips, the accused may have been wrongly identified. We examine the prosecution’s evidence for weaknesses and inconsistencies to challenge the case.
Negotiation and Reduction
Even in cases where the facts are not in the defendant’s favor, skilled criminal defense attorneys can often negotiate plea deals to reduce charges or recommend diversion programs, particularly for first-time offenders.
At Whitaker & Penix, LLC, we approach each case with a customized strategy. We don’t just review police reports—we dig into the details, interview witnesses, and consult with experts when necessary to ensure your defense is as strong as possible.
What to Do If You’re Arrested for Gun Theft in Colorado
If you are under investigation or have been charged with gun theft, your next steps matter. Here’s what we recommend:
- Do not speak to law enforcement without an attorney present.
- Avoid discussing your case with anyone, especially on social media or by text.
- Gather any documents or communications that may support your version of events.
- Call a Breckenridge criminal defense attorney immediately.
Delaying legal representation gives the prosecution more time to build a case against you without resistance. So the earlier our legal team gets involved, the more options we have to shape the outcome of your case.
What Makes Whitaker & Penix, LLC, Different?
We understand that being accused of firearm theft can feel overwhelming, especially under newly strengthened laws. You might be scared, confused, or unsure of what comes next. That’s where we come in.
Attorneys Kylie Whitaker and Ehren Penix at Whitaker & Penix, LLC, bring a lot to the table:
- Extensive courtroom experience in Colorado’s 6th Judicial District
- In-depth knowledge of local judges, prosecutors, and procedures
- A client-first approach, meaning we’ll always be honest with you and communicate clearly
- An A+ rating from the Colorado Better Business Bureau
- A reputation for being dependable, responsive, and strategic
- Kylie Whitaker was selected as a Colorado Rising Star by Super Lawyers
Whether this is your first offense or you have a complicated criminal history, we are prepared to fight for your rights and defend your freedom.
Call a Breckenridge Gun Charges Defense Lawyer Today
Facing felony gun charges under Colorado HB25-1062 is no small matter. The legal system is complex, and the consequences are severe. But you don’t have to face it alone.
At Whitaker & Penix, LLC, we offer a free consultation and treat every case with the individual attention it deserves. If you’ve been accused of firearm theft in Breckenridge or the surrounding areas, call us today at (970) 368-0602 to schedule a confidential case review.